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Workers (Predictable Terms and Conditions) Act 2023 The Department for Business and Trade (DBT) has said it has 'no plans' to commence the Workers (Predictable Terms and Conditions) Act 2023 in the autumn as previously anticipated. A DBT spokesperson said it will instead bring forward 'a new right to a contract that mirrors the number of hours regularly worked, as part of our significant and ambitious agenda to ensure workplace rights are fit for a modern economy'. 'We do not wish to confuse employers and workers with two different models', the spokesperson added, explaining the choice not to bring the law into effect; the Act received Royal Assent in September 2023. The 'number of hours regularly worked' will rely on a 12-week reference period. But it remains unclear whether this is a fixed or a rolling period, whether there is also a qualifying period to access the right, or precisely when it will be introduced...
In this issue: Horizon scanning Status and worker categories Cross-border, international and jurisdictional issues Prohibited conduct protection at work Diversity and gender pay gap Employee rights to be informed and consulted Financial services and banking: employment issues Unfair dismissal Employment Tribunals Employment law in Scotland Europe—EU Immigration New and updated content Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Horizon scanning Domestic Abuse (Safe Leave) Bill The Domestic Abuse (Safe Leave) Bill, a Private Members’ Bill sponsored by Labour MP Alex McIntyre, would confer a right to 10 days’ paid ‘safe leave’ for employees who are victims of domestic abuse, enabling them to address abuse-related needs, including housing and health matters, and to attend court hearings and police interviews. The Bill was introduced in the House of Commons on 7 January 2025 and is scheduled for its...
In this issue: Employment Rights Bill Employment contract Pay Prohibited conduct (discrimination etc) Health and safety Other rights Maternity, parents and carers ESG and sustainability: employment issues Whistleblowing Trade unions Issues arising on termination Redundancy Unfair dismissal Settlement Employment Tribunals Employment Appeal Tribunal New and updated content Dates for your diary Trackers Employment resources on Lexis+® Daily and weekly news alerts Employment Rights Bill The Department for Business and Trade publishes Employment Rights Bill factsheets The Department for Business and Trade has released a set of factsheets that explain the aim of each policy or framework in the Employment Rights Bill and clarify how they will operate in practice. The factsheets cover: adult social care negotiating body bereavement, paternity and unpaid parental leave fair work agency fire and rehire school support staff negotiating body ...
This Practice Note outlines the criteria an employer may apply when deciding how to engage an individual. It examines the main categories of employment status—employee, worker, and the self-employed or independent contractor—and also addresses employee shareholders, casual staff and those on zero hours arrangements, agency workers, apprentices, interns and volunteers. Employers should identify at the outset which status is intended—employee, worker or self-employed—as each attracts distinct rights and protections. Further, particular considerations arise where the engagement is casual or ‘zero hours’, or involves agency workers, apprentices, interns or volunteers. Employment status also determines how the individual is treated for tax purposes (see Practice Note: Employment status—why it matters). Errors can result in employment tribunal proceedings and exposure to tax liabilities. Ultimately, regardless of the label used, courts and tribunals will prioritise the true substance of the working relationship over the wording of any contract. Employee, worker, self-employed/independent contractor Employee shareholders Casual and ‘zero hours’ workers Agency workers Apprentices Interns and volunteers ...
Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings (TUPE) immigration Categories of employment status In the Republic of Ireland, individuals engaged in work are typically classified as either ‘employees’ or ‘independent contractors’. There is no...
Zero hours contracts This Practice Note explores the characteristics of zero hours contracts, including: absence of mutuality of obligation casual workers as required or as needed employment contract without obligation piece work on-call arrangements flexibility over-arching or umbrella contracts assignments employee or worker status continuity of employment national minimum wage (NMW) statutory sick pay (SSP) working time and holiday entitlement and accrual discrimination protection part-time workers pension auto-enrolment TUPE 2006 the pros and cons of zero hours contracts It does not address the statutory protections available to workers and employees on zero hours contracts and on lower incomes, relating to unenforceable exclusivity clauses and protection from detriment and unfair dismissal. These are considered separately in Practice Note: Exclusivity clauses—protections for low-income and zero hours workers. In this Practice Note, the term ‘employer’ means the hiring party in a contract for work, whether or not...
Contract of employment dated [ insert date ] Parties 1 [ Name of Employer ] [ of [ insert address ] OR a company incorporated in [ England and Wales ] (registered number [ insert number ]) whose registered office is at [ insert address ] ] (we or us); and 2 [ Name of employee ] of [ insert address ] (you). 1 Appointment 1.1 We agree to employ you in line with the terms and conditions contained in this agreement herein. 1.2 [ [ Option 1: Continuity (no previous PERIOD of employment counts): ] Your employment with us under this agreement hereunder [ will commence OR commenced ] on [ insert date ] (the 'Start Date'). Your continuous employment with us [ commenced on OR will commence on ] the Start Date, and no service with any earlier employer is treated as part of your continuous employment with us. OR 1.3 [ Option 2: Continuity...
[ To appear on the organisation’s headed paper ] [ Insert worker’s name ] [ Insert worker’s address ] [ Insert date ] Dear [ insert worker’s name ] (‘ you ’) Casual work with [ insert name of organisation ] (‘ we ’ or ‘ us ’) This agreement outlines the basis on which you and we agree that you will deliver occasional services as [ insert role ] on a part-year, casual arrangement. Because of the nature of our business, and this position, we cannot predict precisely which days, or what hours, we will need your services during [ term-time OR the [ summer ] term OR the harvest period OR the performance season at [ insert name of venue ] ]. 1 Status Your employer for the purposes of this agreement is [ insert name of organisation ]. This agreement is not an employment contract and does not grant you any employment rights other than those to which...
On and from [ insert date ], the Respondent engaged the Claimant to work as a bicycle courier, based at the Respondent’s premises at [ insert address ]. The Respondent is a business providing delivery services for clients throughout the Greater London area. The Claimant qualified as a worker for the purposes of section 230(3) of the Employment Rights Act 1996 and the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015...
For information: for a general overview of zero hours contracts, refer to Practice Note: Zero hours contracts for guidance on protections for zero hours workers (including employees) concerning exclusivity clauses, see Practice Note: Exclusivity clauses—protections for low-income and zero hours workers Section 27A of the Employment Rights Act 1996 (ERA 1996) makes any term in a zero hours contract unenforceable against a worker if it attempts to stop them from: carrying out work or providing services under another contract or any other arrangement, or doing so without the employer’s permission Workers under a specified contract (that is, low-income workers) are additionally covered by the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022, SI 2022/1145, regs 2–3...
[27A Exclusivity terms unenforceable in zero hours contracts][(1) In this section “zero hours contract” means a contract of employment or other worker's contract under which—(a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and(b) there is no certainty that any such work or services will be made available to the worker.(2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker